Lady is mistakenly told by Nurse HIV test was Postive,it was actually Pending can she sue for emotional anguish?

Asked almost 5 years ago - Tracy, CA

Lady & Boyfriend at hospital for throat infection & they ran routine tests, Nurse told "L" she had HIV+ then 20 minutes later it was a mistake, that "P" meant pending rather than +. MY question can we both sue for damages & mental aungish . Lady will be emotionally bothered for the rest of her life I also think the nurse did this just to be sadistic & thought it was funny, I heard a giggle after it was reported to be an error. ME as BF had to watch this seen & was so streesed I got an HIV test, So I have damages too

Attorney answers (2)

  1. David C. Garner

    Contributor Level 15

    2

    Best Answer
    chosen by asker

    Answered . I agree, what are your damages.

    According to your facts, your lady, because of twenty minutes of anxiety over a false positive result will be "emotionally bothered" for the rest of her life. I think she is being a little too sensitive and the law does not support a recovery based solely on an extreme sensitivity. This sort of thing happens all the time. Would it have made her feel better if at first they said they suspected scarlett fever but then revised their assessment?

    In your case, you were "stressed". Stress is not compensable. Life is stressful. A read of your facts would suggest that you watched these "sadistic" nurses torture your lady and became so upset by it that you allowed them to torture you too. That does not track rationality.

    I'm sorry by sometimes doctors and other workers in life make mistakes. They misread labels, put the wrong price tags on things, incorrectly diagnose ailments, overcharge you, under charge you, mis-direct mail, lose packages, etc. etc. etc. Sometimes people who do it laugh about it afterwards. Correcting these mistakes can be time consuming and stressful. That does not give rise to a cause of action.

    I am happy that you and your lady are not HIV positive. You should be too.

  2. Edgardo Rafael Baez

    Contributor Level 18

    Answered . And what are the actual damages?

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